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  1. #1

    Default Employer Refuses Last Check, Accusation of Theft

    My question involves criminal law for the state of: South Carolina

    If I am wrongfully accused of stealing and told their is video proof, do I have a legal right to the video, to anything? - A past employer is accusing me of stealing merchandise, they state this as the reason they have yet to give my last check. I was fired roughly 40 days ago. They are saying they have video proof however refuse to either allow me to see the videos or to give me a list of the items they are saying I stole. They are demanding I give a receipt for everything I purchased while employed there and then and only then will he give me my last check and not file charges. I feel like he is trying to bully me into forgetting about my last check. He did not fire me himself but had another manager do it and I was told I would get my check the next scheduled pay day. I requested my check and he said he would get the check written and have the manager bring it to me. Later that day I text him (his preferred means of communication) and asked if he had gotten a hold of the manager in question and when I should expect to see her. He told me I didn't work the hours I said I worked and he would mail me the check Friday. Today he messaged me and accused me of the theft. He said he noticed it when he went through the videos to confirm my hours. He originally said he spoke to the police about it and if I would just admit it he'd drop the charges. As I continued to deny the claims he then said he had spoken to the police but had not given them my name yet and once again he "just wanted the truth." Now he says he wants the receipts and he won't file any charges at all. He demanded I bring them first thing in the AM to hand to him but I declined, saying I would prefer to hand the few I know I have to a police officer or investigator. He then demanded I send a cell phone text picture of the receipts at 1am.

    I did not steal a single item. We were told we were allowed certain items for free and even then I often paid for those items because I did not feel comfortable taking them. On more than one occasion I purchased my own supplies for this position. I enjoyed the work but despised the employer. I'm not sure how best to proceed. I don't particularly want to deal with the hassle of having to clear my name in court but if it comes to that I will.

    Any input or advice would be much appreciated.

  2. #2
    Join Date
    Jul 2010
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    8,006

    Default Re: Employer Refuses Last Check, Accusation of Theft

    No, you are not entitled to see the video until either you go to trial and it is used as evidence or your retain a lawyer who can subpoena it for your defense.

    Yes, you are entitled to your paycheck regardless of what he thinks you did.

  3. #3
    Join Date
    Jun 2013
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    15

    Default Re: Employer Refuses Last Check, Accusation of Theft

    They are legally required to pay you for the hours worked. From South Carolina- "Generally, under S.C. Codified Laws § 41-10-50, an employer must issue a final paycheck to an employee who has been terminated, or who has quit his or her job, within forty-eight (48) hours or on the next regularly scheduled pay date that is not in excess of thirty (30) days from the date of termination."

    Two choices- Tell them that you will contact the DOL office and file a complaint and dare them to press charges or simply just contact the DOL and see what they do next.

  4. #4
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
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    Default Re: Employer Refuses Last Check, Accusation of Theft

    Sleeplessn Tickedoff, (as you may know) an employer is free to terminate an employee for an unproven reason unless the employer's company has a policy that governs "dishonest terminations". You do not have a right to view or obtain the video absent a lawyer/attorney issued or DOL issued subpoena.

  5. #5
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    Jun 2006
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    Massachusetts
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    Default Re: Employer Refuses Last Check, Accusation of Theft

    unless the employer's company has a policy that governs "dishonest terminations

    What in flamin' holy heck are you talking about?

  6. #6
    Join Date
    Dec 2012
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    Atlanta, Georgia, United States
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    Default Re: Employer Refuses Last Check, Accusation of Theft

    Quote Quoting cbg
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    unless the employer's company has a policy that governs "dishonest terminations

    What in flamin' holy heck are you talking about?
    I was talking about a company policy that "outlaws" intentional dishonesty in the workplace. One example is a rule that allows a termination to be appealed by an employee or a terminated person with a "proven" accusation of a dishonest reason or injustice. Some companies like Walmart, do have this policy.

  7. #7
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    Sep 2005
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    98,846

    Default Re: Employer Refuses Last Check, Accusation of Theft

    Are you trying to describe a contractual right to challenge a termination as wrongful?

  8. #8
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
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    Default Re: Employer Refuses Last Check, Accusation of Theft

    Quote Quoting Mr. Knowitall
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    Are you trying to describe a contractual right to challenge a termination as wrongful?
    Yes, I am. For some companies that allow this, every employee has the right to appeal a suspension or termination. If it is a wrongful termination and it is not resolved (internally) through a company's appeal process (which may be something called an "Open Door Policy"), then yes an employee can sue or take legal action (externally). If it is not a wrongful termination and it is not overturned through a company's appeal process, then an employee cannot sue or take legal action against it.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Employer Refuses Last Check, Accusation of Theft

    Do you know what a wrongful termination actually is? By law?

  10. #10
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
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    202

    Default Re: Employer Refuses Last Check, Accusation of Theft

    Quote Quoting cbg
    View Post
    Do you know what a wrongful termination actually is? By law?
    Yes, I do. Wrongful termination is defined as an "illegal dismissal" or a firing that would make Barack Obama say, "I don't approve of this!" Examples of wrongful termination are dismissals, whether involuntary or voluntary, based on: discrimination, sexual harassment, retaliation (for reports of or protected activity for allegations of discrimination, sexual harassment, or any whistleblowing activity), breach of employment contracts (if existing in our "at-will" country), refusal of an employer's request to commit a crime, and violations of public policy.

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